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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ6843753
Regular
Jul 03, 2012

REGLO MOLINA vs. WORKFORCE STAFFING dba GENEVA STAFFING and TOWER GROUP COMPANIES (Formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA) Administered By INTERCARE HOLDINGS INSURANCE SERVICES

In *Molina v. Workforce Staffing*, the Workers' Compensation Appeals Board denied a Petition for Removal. The Board adopted and incorporated the administrative law judge's report as the basis for this denial. The specific reasons for the denial are detailed in that incorporated report. The order was served on July 3, 2012.

Petition for RemovalWorkers' Compensation Appeals BoardWorkforce StaffingGeneva StaffingTower Group CompaniesSpecialty Underwriters AllianceSUAIntercare Holdings Insurance ServicesADJ6843753Marina del Rey
References
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
Case No. ADJ10500948
Regular
Dec 18, 2017

ERNESTO VELEZ vs. GENEVA STAFFING, ZURICH NORTH AMERICA

This case concerns applicant Ernesto Velez's workers' compensation claim for an injury sustained in January 2015, prior to his termination on July 7, 2016. The Workers' Compensation Appeals Board granted reconsideration, finding that the applicant failed to prove his injury arose out of and occurred in the course of employment due to a lack of credible testimony and substantial medical evidence. Furthermore, the Board affirmed the finding that the claim is barred as a post-termination claim under Labor Code section 3600(a)(10) because the applicant did not demonstrate any exceptions applied. The applicant therefore took nothing.

AOE/COELabor Code § 3600(a)(10)post-termination defensepetition for reconsiderationcredibility determinationsubstantial medical evidenceaffirmative defenseburden of proofdate of injuryexceptions to defense
References
Case No. ADJ3974600 (MON 0334960); ADJ4075150 (MON 0334961); ADJ277095 (MON 0358718)
Regular
Feb 17, 2009

GLADYS JIMENEZ vs. ROSS STAFFING, Dba ULTIMATE STAFFING; ZURICH AMERICA, Administered By NOVAPRO RISK SOLUTIONS

The Appeals Board granted reconsideration and amended the original award to correct clerical errors. Specifically, the temporary disability period was corrected to June 16, 2005, through June 20, 2005. The award was also clarified to reflect that the defendant is entitled to credit for attorney fees against permanent disability advances. Finally, the defendant was found not liable for medical-legal costs that did not comply with Labor Code sections 4061 and 4062.

Workers' Compensation Appeals BoardGladys JimenezRoss StaffingUltimate StaffingZurich AmericaNovapro Risk SolutionsADJ3974600ADJ4075150ADJ277095Opinion and Order Granting Reconsideration
References
Case No. ADJ12345287
Regular
Jun 17, 2025

TOMAS OSORIO vs. MISSION RUBBER COMPANY LLC, PERSONNEL STAFFING GROUP aka RITE STAFF, INC., KALIFORNIA BUSINESS STAFFING LLC, INSURANCE COMPANY OF THE WEST

The Petition for Removal of the decision issued on April 30, 2025 has been withdrawn by petitioner. Therefore, it will be dismissed.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ12345287Mission Rubber CompanyPersonnel Staffing GroupRite StaffXL Insurance CompanyGallagher Bassett
References
Case No. ADJ4449218
Regular
Mar 04, 2010

LUIS ALVARADO vs. STAFFING SERVICES, INC., STATE COMPENSATION INSURANCE FUND

Here is a summary of the case in a maximum of four sentences for a lawyer: The Workers' Compensation Appeals Board denied reconsideration of the Administrative Law Judge's (ALJ) decision, which found jurisdiction over a dispute between an injured worker's applicant and defendant Staffing Services, Inc. The ALJ correctly determined that there was no express agreement between Staffing Services and the lien claimant, Beverly Hills Pharmacy, fixing payment amounts, thus Labor Code section 5304 did not divest the Board of jurisdiction. The Board also found that removal was not appropriate for this final determination. Procedural arguments regarding a denied continuance due to the defense attorney's illness were also rejected.

Workers' Compensation Appeals BoardReconsiderationRemovalLien ClaimantExpress AgreementLabor Code Section 5304JurisdictionStaffing Services Inc.State Compensation Insurance FundBeverly Hills Pharmacy
References
Case No. ADJ3605789 (GOL 0101314), ADJ2387995 (GOL 0101316), ADJ460036 (GOL 0101315)
Regular
Jul 26, 2012

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the original findings regarding employment for both United Staffing Associates and Monarch Consulting. The Board found that United Staffing Associates was never the applicant's employer, rescinding findings that they were the employer on October 8, 2007, and for a cumulative trauma period. Regarding Monarch Consulting, the Board found they were not the employer on October 2, 2006, but were the general employer from March 2006 through August 30, 2007, with specific exclusions, reversing the prior ruling on the specific injury date. The case was returned for further proceedings consistent with these revised findings.

Workers Compensation Appeals BoardJorge VivancoNeverland Valley RanchEstate of Michael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ4701267 (VNO 0549082)
Regular
Jan 06, 2020

JAVIER OROZCO vs. NATIONAL STAFFING, LLC, COMMERCE AND INDUSTRY COMPANY, DERRELL'S MINI STORAGE, INC.

The Workers' Compensation Appeals Board granted reconsideration to amend a prior order, affirming the joinder of Derrell's Mini Storage and its insurer, Redwood Fire and Casualty, as defendants. The Board found a general/special employment relationship existed between the applicant's general employer (National Staffing) and Derrell's, the special employer. Despite arguments regarding sole liability of the general employer's insurer and laches, the Board held that joinder was appropriate to fully adjudicate the case and address contribution claims. The specific issue of contribution/reimbursement between carriers was deferred for further proceedings.

Workers' Compensation Appeals BoardJavier OrozcoNational StaffingLLCDerrell's Mini StorageInc.Redwood Fire and Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesAIG ClaimsInc.
References
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
Case No. ADJ7512528
Regular
Feb 18, 2015

NATA LIO GARCIA vs. TRI-STATE STAFFING, LUMBERMEN'S UNDERWRITING

This order dismisses Applicant Natalio Garcia's petition for removal in a workers' compensation case against Tri-State Staffing and Lumbermen's Underwriting. The Workers' Compensation Appeals Board (WCAB) adopted and incorporated the reasons stated in the workers' compensation administrative law judge's report. The WCAB found no grounds to disturb the judge's findings and therefore dismissed the petition.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDismissedAdministrative Law JudgeApplicantDefendantsTri-State StaffingLumbermen's UnderwritingSanta Ana District Office
References
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